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Kli SheMelachto LeIsser: Difference between revisions
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==Kli Sh’Melachto LeIssur== | ==Kli Sh’Melachto LeIssur== | ||
===Definition=== | ===Definition=== | ||
#Items that are primarily used for prohibited activities on [[Shabbat]] is considered [[Kli Sh’Melachto LeIssur]]. <ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a [[Kli Sh’Melachto LeIssur]]. On the other hand, some opinions ( | #Items that are primarily used for prohibited activities on [[Shabbat]] is considered [[Kli Sh’Melachto LeIssur]]. <ref>Mishna Brurah 308:10 writes that a kli for which a majority (or more) of it’s uses are forbidden is considered a [[Kli Sh’Melachto LeIssur]]. On the other hand, some opinions (Gedulat Elisha 308:19, see ‘empty [[cooking]] pots’) hold that even if only a minority of the uses of the kli are permitted, the kli is considered Kli Sh’Melachto LeHeter. | ||
* Rashi might hold that anything that is used for something permitted and something forbidden is considered a kli shemelachto lheter. This can be supported by Rashi 35b s.v. chatzotzrot as understood like Tosfot, 113a s.v. muter ltaltelan, Beitzah 34a s.v. kol hakelim. See Mishnat Hashabbat p. 284 who describes this approach in Rashi and Pri Megadim M”Z 308:14 who is bothered by Rashi’s approach. | |||
* Knesset Hagedola (Hagahot Hatur 308:2) quotes the Shiltei Giborim 48a who says that a kli shemelachto for isur and heter is like a kli shemelachto lheter. Mishna Brurah 308:20 agrees. | |||
* Pri Megadim M"Z 308 intro learns from the Rashba 123a s.v. ha that a cooking pot is kli shemelachto lisur even though it is sometimes used to store food because it is generally used to cook. Mishna Brurah 308:20 agrees.</ref> | |||
# An item that is primarily used for prohibited activities on Shabbat and is also consistantly used for permitted activities some poskim hold that it is considered a Kli Shemelachto Lheter.<ref>Biur Halacha 308:3, Gedulat Elisha 308:19. Chazon Ovadia v. 3 p. 51 writes that one who is lenient has what to rely on.</ref> | |||
# Even if the [[Kli Sh’Melachto LeIssur]] was used for forbidden Melacha during Ben Hashemashot it’s still considered [[Kli Sh’Melachto LeIssur]] and not total [[Muktzeh]]. <Ref>Mishna Brurah 308:11 </ref> | # Even if the [[Kli Sh’Melachto LeIssur]] was used for forbidden Melacha during Ben Hashemashot it’s still considered [[Kli Sh’Melachto LeIssur]] and not total [[Muktzeh]]. <Ref>Mishna Brurah 308:11 </ref> | ||
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# If a [[Kli Sh’Melachto LeIssur]] is picked up in a permitted way one may move it to any place one wishes. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> | # If a [[Kli Sh’Melachto LeIssur]] is picked up in a permitted way one may move it to any place one wishes. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> | ||
====For it’s permitted use==== | ====For it’s permitted use==== | ||
# Many authorities hold that a [[Kli Sh’Melachto LeIssur]] item shouldn’t be used for a permitted use if there’s a permitted item available that serves the same function, yet some argue and one has what to rely on. <Ref> Mishna Brurah 308:12 writes that if there’s another permitted kli available one shouldn’t use the [[Kli Sh’Melachto LeIssur]]. The following achronim bring this Mishna Brurah as halacha: Kaf HaChaim 308:22, Igrot Moshe O”C 5:21(12), Sh”t Shevet HaLevi 1:127(9), and Sh”t Az Nidbaru 8:31,64. However, the Kesot Hashulchan (Badei HaShulchan 108:14), and Shemirat [[Shabbat]] KeHilchata 20:8 question the Mishna Brurah and leave it unresolved (the Shemirat [[Shabbat]] KeHilchata says it’s preferable to use the other permitted kli). Lastly, the Sh”t Bear Moshe 8:74-5, Daat Torah 308:3, Yalkut Yosef ([[Shabbat]] vol 2 pg 413), Chazon Ovadia v. 3 p. 50, Megilat Sefer Shabbat p. 257, and Sh”t [[Tefillah]] LeMoshe 1:17 rule against the Mishna Brurah that even if there’s a permitted item to use, one may use the forbidden one. </ref> | # Many authorities hold that a [[Kli Sh’Melachto LeIssur]] item shouldn’t be used for a permitted use if there’s a permitted item available that serves the same function, yet some argue and one has what to rely on. <Ref> Mishna Brurah 308:12 writes that if there’s another permitted kli available one shouldn’t use the [[Kli Sh’Melachto LeIssur]]. See Mishna Brurah 308:57 who writes that if it is possible to move a kli shemelachto lisur or heter according to the taz it is permitted to move either one but according to the Eliyah Rabba one should specifically move the kli shemelachto lheter. | ||
The following achronim bring this Mishna Brurah's stringency as halacha: Kaf HaChaim 308:22, Igrot Moshe O”C 5:21(12), Sh”t Shevet HaLevi 1:127(9), and Sh”t Az Nidbaru 8:31,64. However, the Kesot Hashulchan (Badei HaShulchan 108:14), and Shemirat [[Shabbat]] KeHilchata 20:8 question the Mishna Brurah and leave it unresolved (the Shemirat [[Shabbat]] KeHilchata says it’s preferable to use the other permitted kli). Lastly, the Sh”t Bear Moshe 8:74-5, Daat Torah 308:3, Yalkut Yosef ([[Shabbat]] vol 2 pg 413), Chazon Ovadia v. 3 p. 50, Megilat Sefer Shabbat p. 257, and Sh”t [[Tefillah]] LeMoshe 1:17 rule against the Mishna Brurah that even if there’s a permitted item to use, one may use the forbidden one. </ref> | |||
#Some define ‘available’ as within the same room, meaning, that there’s if there’s a Kli Sh’Melachto LeHeter in the same room as a [[Kli Sh’Melachto LeIssur]], one must use the Kli Sh’Melachto LeHeter, however, if the permitted one is in another room, one may use the [[Kli Sh’Melachto LeIssur]]. <Ref> Sefer Tiltulei [[Shabbat]] (pg 38) in the name of Rav Moshe Feinstein. [A similar idea is found in Sh”t Chesev HaEfod 3:80 (quoted by Piskei Teshuvot 308:5) and Shemirat [[Shabbat]] KeHilchata (chapter 20 note 19).]</ref> | #Some define ‘available’ as within the same room, meaning, that there’s if there’s a Kli Sh’Melachto LeHeter in the same room as a [[Kli Sh’Melachto LeIssur]], one must use the Kli Sh’Melachto LeHeter, however, if the permitted one is in another room, one may use the [[Kli Sh’Melachto LeIssur]]. <Ref> Sefer Tiltulei [[Shabbat]] (pg 38) in the name of Rav Moshe Feinstein. [A similar idea is found in Sh”t Chesev HaEfod 3:80 (quoted by Piskei Teshuvot 308:5) and Shemirat [[Shabbat]] KeHilchata (chapter 20 note 19).]</ref> | ||
# It’s permitted to move the [[Kli Sh’Melachto LeIssur]] for a permitted use even if one’s primary intent is to move the object to protect it from breaking. Some limit to where there’s a loss of money. <Ref> Magen Avraham 308:8 and Mishna Brurah 308:16 write that as long as one uses the [[Kli Sh’Melachto LeIssur]] for a permitted use even if one’s primary intent is to move the [[Kli Sh’Melachto LeIssur]] for it’s protection it’s permissible. The Aruch HaShulchan 308:14 limits this leniency to where there’s a loss of money as is in the case of the source and Magen Avraham. Tiltulei [[Shabbat]] pg 40 agrees.</ref> | # It’s permitted to move the [[Kli Sh’Melachto LeIssur]] for a permitted use even if one’s primary intent is to move the object to protect it from breaking. Some limit to where there’s a loss of money. <Ref> Magen Avraham 308:8 and Mishna Brurah 308:16 write that as long as one uses the [[Kli Sh’Melachto LeIssur]] for a permitted use even if one’s primary intent is to move the [[Kli Sh’Melachto LeIssur]] for it’s protection it’s permissible. The Aruch HaShulchan 308:14 limits this leniency to where there’s a loss of money as is in the case of the source and Magen Avraham. Tiltulei [[Shabbat]] pg 40 agrees.</ref> | ||
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# It’s permissible to move a hammer on a table that one needs to spread a tablecloth on. Similarly, a hammer that’s on a tablecloth may be removed in order to remove the tablecloth. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> | # It’s permissible to move a hammer on a table that one needs to spread a tablecloth on. Similarly, a hammer that’s on a tablecloth may be removed in order to remove the tablecloth. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> | ||
# However, one may not move the hammer on the table simply because it disturbs one’s peace of mind. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> Some allow it so the house is clean for kavod Shabbat.<ref>Halacha Sheleimah p. 46 citing Or Letzion 2:26:3, Mechzeh Eliyahu 46. Shemirat Shabbat Kehilchata ch. 20 fnt. 225 quotes a talmid chacham who says that it is permitted.</ref> | # However, one may not move the hammer on the table simply because it disturbs one’s peace of mind. <Ref>Shemirat [[Shabbat]] KeHilchata 20:10 </ref> Some allow it so the house is clean for kavod Shabbat.<ref>Halacha Sheleimah p. 46 citing Or Letzion 2:26:3, Mechzeh Eliyahu 46. Shemirat Shabbat Kehilchata ch. 20 fnt. 225 quotes a talmid chacham who says that it is permitted.</ref> | ||
# It seems to be a dispute if one wants to play with a kli shemelachto lisur if that is considered a use of the item.<ref>Rav Nevinsal in Byitzchak Bikareh 308:4 writes that it is permitted to play with something even if it is a kli shemelachto lisur since that is considered a use. This seems to be against the Aruch Hashulchan 308:15 who says that it is forbidden to play with a kli shemelachto lisur since it isn't tzorech gufo even though it is considered some purpose.</ref> | |||
====For it’s space==== | ====For it’s space==== | ||
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* candlesticks <ref> What are the status of candlesticks? | * candlesticks <ref> What are the status of candlesticks? | ||
* Ramban and Rashba 122b write that candles are kli shemelachto lheter. They Raavad to the same effect. They explain that the candles are used to hold the flame which is muktzeh and being designated for a bosis doesn’t make something to be muktzeh. Alternatively, candles enhance the Shabbat experience and aren’t considered muktzeh. Tashbetz 1:137 agrees. Chazon Ovadia v. 3 p. 92 accepts the Ramban. Shevet Halevi 1:56 endorses this approach but doesn’t it. | * Ramban and Rashba 122b write that candles are kli shemelachto lheter. They Raavad to the same effect. They explain that the candles are used to hold the flame which is muktzeh and being designated for a bosis doesn’t make something to be muktzeh. Alternatively, candles enhance the Shabbat experience and aren’t considered muktzeh. Tashbetz 1:137 agrees. Chazon Ovadia v. 3 p. 92 accepts the Ramban. Shevet Halevi 1:56 endorses this approach but doesn’t it. | ||
* Tosfot 44a-b say that a candlestick is a kli shmelachto lisur since they are designated to be lit and become a bosis. Mishna Brurah 279:19 agrees. Sefer Tiltulei [[Shabbat]] (pg 36 note 2, 48) quotes Rav Moshe Feinstein as saying that candlesticks are [[Kli Sh’Melachto LeIssur]] even if has no permitted purpose it’s still considered a kli. | * Tosfot 44a-b say that a candlestick is a kli shmelachto lisur since they are designated to be lit and become a bosis. Mishna Brurah 279:19 agrees. Sefer Tiltulei [[Shabbat]] (pg 36 note 2, 48) quotes Rav Moshe Feinstein as saying that candlesticks are [[Kli Sh’Melachto LeIssur]] even if has no permitted purpose it’s still considered a kli. This is printed in Igrot Moshe 5:22:28. | ||
* The Aruch Hashulchan 279:1 writes that they are completely muktzeh since they are never used for any other purpose than to be lit. Falling in the category of kli shekol melachto lisur could be completely muktzeh according to this approach. See that discussion [[Kli SheKol Melachto LeIssur]]. Chut Shani v. 3 p. 68 writes that it is muktzeh machmat chisaron kis, while Chazon Ovadia argues since it is kli shemelachto lheter.</ref> | * The Aruch Hashulchan 279:1 writes that they are completely muktzeh since they are never used for any other purpose than to be lit. Falling in the category of kli shekol melachto lisur could be completely muktzeh according to this approach. See that discussion [[Kli SheKol Melachto LeIssur]]. Chut Shani v. 3 p. 68 writes that it is muktzeh machmat chisaron kis, while Chazon Ovadia argues since it is kli shemelachto lheter.</ref> | ||
* cars <ref> Sh”t Igrot Moshe O”C 5:22(11), Shalmei Yehuda (pg 201) </ref> | * cars <ref> Sh”t Igrot Moshe O”C 5:22(11), Shalmei Yehuda (pg 201) </ref> | ||
* car keys <ref> Shalmei Yehuda (pg 202) | * car keys <ref> Shalmei Yehuda (pg 202) and Shemirat Shabbat Kehilchata 20:80 consider car keys to be [[Kli Sh’Melachto LeIssur]]. Shemirat Shabbat Kehilchata 20 fnt. 293 writes that Rav Shlomo Zalman Auerbach pondered whether keys that when used to open the car door would automatically turn on the lights are considered a kli shemelachto lheter since it is only a pesik reisha and he was strict. See Rashi 124b s.v. shel tamara which implies that it is a kli shemelachto lisur.</ref> | ||
* cassette (off) <ref> See ‘[[Electronics]]’ </ref> | * cassette (off) <ref> See ‘[[Electronics]]’ </ref> | ||
* cell phone (off) <ref> See ‘[[Electronics]]’ </ref> | * cell phone (off) <ref> See ‘[[Electronics]]’ </ref> | ||
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===Disputed Examples=== | ===Disputed Examples=== | ||
# empty [[cooking]] pots that are sometimes used for serving food, fruit, or water <ref> The Rosh (in his teshuvot#22, quoted by Bet Yosef 308:4) writes that a grinder may be moved if you place any permissible item (like bread) on the grinder and the same is true of a pot. However, the Rashba ([[Shabbat]] 123a) argues that the grinder may only be moved if there’s some of the food that’s normally put in the grinder such as garlic and so too cooked food in a pot. S”A 308:4 seems to rule like the Rosh, however, many achronim (Mishna Brurah 308:26) argue that one should be strict like the Rashba. From both of the above opinions, many achronim argue that an empty pot is [[Kli Sh’Melachto LeIssur]] even if the pot is sometimes used to serve the food but primarily is used to cook. [The Gedolot Elisha (308:19) rejects this proof by explaining that really the grinder is [[Muktzeh]] as it’s only purpose is a prohibited activity and so it’s only permitted if it has a piece of the food that’s normally in it such as garlic. However, a pot has both a prohibited ([[cooking]]) and permitted (serving) purpose. The comparison of the above Rishonim from the grinder to the pot was only to explain what’s normally associated with each vessel.] These achronim (who are strict regarding an empty pot) include: Pri Megadim (M”Z beginning of 308), Ashel Avraham 308:9, 279:2, Mishna Brurah 308:20, 26, Chazon Ish 47:11, Derech HaChaim ([[Muktzeh]]#13; Rabbi Yacov MeLisa, author of the Netivot), Sefer Tiltulei [[Shabbat]] (pg 46), Shemirat [[Shabbat]] KeHilchata 20:15, Rabbi Binyamin Zilber (Sh”t Az Nidabru 9:20, pg 58), Rav Wosner in Sh”t Shevet HaLevi 1:127(3) and Shalmei Yehuda (pg 98). <br></br> On the other hand, some authorities are lenient including the Chaye Adam 66:3 and Kitzur S”A 88:8. Gedolot Elisha (308:19) agrees that many are strict in this regard and consider it a [[Kli Sh’Melachto LeIssur]] but concludes that the minhag of Baghdad is to be lenient to treat a empty pot as a Kli Sh’Melachto LeHeter and there is what to rely on. So writes Yalkut Yosef (Kitzur S”A 308:105). </ref> | |||
==Sources== | ==Sources== | ||
